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Tim s Tip 7: Dispute your assessment when you think you re right
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If one thing can be said about Canadian taxpayers, it s that we re a passive bunch By this I mean that many Canadians are content to accept any assessment issued by CRA, under the assumption that CRA must be right I
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admit, when the government receives your tax return, takes a look at it, and then issues you an assessment notice making changes to the return you ve led, it s easy to assume that you or your tax preparer probably made a mistake when filling out the forms Bad assumption The folks at CRA are prone to making mistakes as often as anyone else
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After ling your tax return, you can expect to receive a Notice of Assessment from CRA within 8 to 12 weeks If you disagree with CRA s assessment of your tax return, don t let it go Your rst line of attack is to call your local CRA taxation of ce to talk over your concerns You might just resolve the whole issue at that time
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Pre-Game Warm-Up: The Basics of Tax Planning
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If that call doesn t resolve the problem to your satisfaction, then you should consider filing a Notice of Objection A Notice of Objection can be led on Form T400A, but doesn t have to be You can also le an objection by detailing the facts and your reasons for objecting in a letter addressed to the Chief of Appeals at your local tax services of ce or taxation centre Remember, you ve got to le your objection on time otherwise CRA is not obligated to hear you out For individuals and testamentary trusts, the deadline for any Notice of Objection is 90 days after the mailing date noted on your assessment, or one year after the due date of the tax return you re ghting, whichever is later If, for example, your 2006 assessment notice is dated May 15, 2007, you d have until April 30, 2008 (one year after the due date of your 2006 return) to le an objection The same deadlines apply in Quebec
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Try to resolve your beef with CRA without ling a Notice of Objection But keep an eye on the ling deadline, and be sure to le your objection on time to preserve your right to appeal if the discussions don t go your way When a Notice of Objection is your best bet, visit a tax pro to have it prepared properly Why should you wait to le If you jump right to the Notice of Objection rst, there s always a chance that your objection could be denied, leaving you with no alternative but to take the tax collector to court Keep your options open
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What happens if you le a Notice of Objection and the
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tax collector still refuses to assess your return the way you think it should be assessed Your next option is to take CRA to court to the Tax Court of Canada (or the Court of Quebec for Quebec tax issues) At the Tax Court of Canada, you ve got two options: the informal or the general procedure With the informal procedure, you can represent yourself, or have anyone else (your accountant, lawyer, another advisor, or your brother s friend s cousin, for example) lend a hand in the appeal, and you can expect to have a judgment on your case in 6 to 12 months To be eligible for the informal procedure, the amount of federal tax in dispute has to be less than $12,000 (about $19,000 including provincial taxes, excluding Quebec tax) for each year in question, or less than $24,000 in disputed losses where disallowed losses are the issue If you don t qualify for the informal procedure, the Court s general procedure is your other option
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